CRIMINAL LAWAND PROCEDURE
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than twelve (12) years of age.
(13) The victim was a victim of any of the
following offenses for which the defendant
was convicted:
(A) Battery committed before July 1,
2014, as a Class D felony or as a Class
C felony under IC 35-42-2-1 or bat-
tery committed after June 30, 2014, as
a Level 6 felony, a Level 5 felony, a
Level 4 felony, or a Level 3 felony.
(B) Kidnapping (IC 35-42-3-2).
(C) Criminal confinement (IC 35-42-
3-3).
(D) A sex crime under IC 35-42-4.
(14) The victim of the murder was listed by
the state or known by the defendant to be
a witness against the defendant and the
defendant committed the murder with the
intent to prevent the person from testify-
ing.
(15) The defendant committed the mur-
der by intentionally discharging a firearm
(as defined in IC 35-47-1-5):
(A) into an inhabited dwelling; or
(B) from a vehicle.
(16) The victim of the murder was preg-
nant and the murder resulted in the inten-
tional killing of a fetus that has attained
viability (as defined in IC 16-18-2-365).
(c) The mitigating circumstances that may be
considered under this section are as follows:
(1) The defendant has no significant his-
tory of prior criminal conduct.
(2) The defendant was under the influence
of extreme mental or emotional distur-
bance when the murder was committed.
(3) The victim was a participant in or con-
sented to the defendant's conduct.
(4) The defendant was an accomplice in a
murder committed by another person, and
the defendant's participation was relatively
minor.
(5) The defendant acted under the sub-
stantial domination of another person.
(6) The defendant's capacity to appreci-
ate the criminality of the defendant's con-
duct or to conform that conduct to the
requirements of law was substantially
impaired as a result of mental disease or
defect or of intoxication.
(7) The defendant was less than eighteen
(18) years of age at the time the murder
was committed.
(8) Any other circumstances appropriate
for consideration.
(d) If the defendant was convicted of murder
in a jury trial, the jury shall reconvene for the
sentencing hearing. If the trial was to the court, or
the judgment was entered on a guilty plea, the
court alone shall conduct the sentencing hearing.
The jury or the court may consider all the evidence
introduced at the trial stage of the proceedings,
together with new evidence presented at the sen-
tencing hearing. The court shall instruct the jury
concerning the statutory penalties for murder and
any other offenses for which the defendant was
convicted, the potential for consecutive or con-
current sentencing, and the availability of good
time credit and clemency. The court shall instruct
the jury that, in order for the jury to recommend
to the court that the death penalty or life impris-
onment without parole should be imposed, the
jury must find at least one (1) aggravating cir-
cumstance beyond a reasonable doubt as described
in subsection (l) and shall provide a special ver-
dict form for each aggravating circumstance
alleged. The defendant may present any addi-
tional evidence relevant to:
(1) the aggravating circumstances alleged;
or
(2) any of the mitigating circumstances
listed in subsection (c).
(e) For a defendant sentenced after June 30,
2002, except as provided by IC 35-36-9, if the
hearing is by jury, the jury shall recommend to the
court whether the death penalty or life imprison-
ment without parole, or neither, should be imposed.
The jury may recommend:
(1) the death penalty; or
(2) life imprisonment without parole;
only if it makes the findings described in subsec-
tion (l). If the jury reaches a sentencing recom-
mendation, the court shall sentence the defendant
